County for Electoral purposes.

Act 12 Vic.,

c. 126, not to be affected by

this Act.

Public Act.

May be alter

Sainte Anne-des-Monts and Cap-Chat, entitled to vote for the election of a Member to represent the County of Gaspé in the Legislative Assembly of the Province, when and as often as the case may occur; the said settlements, notwithstanding any thing in this Act contained, remaining, for electoral and Legislative purposes, as heretofore, parts of the County of Gaspé.

IV. Provided always, And be it enacted, That nothing herein contained shall be construed to repeal an Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act detaching the settlements of Sainte Anne-des-Monts and Cap-Chat from the Municipality of Gaspé, and to erect the same into a separate Municipality, nor to annul or alter any of the enactments or provisions thereof.

V. And be it enacted, That this Act shall be deemed a Public Act, and as such be judicially noticed by all Judges, Justices and others whom it may concern without being specially pleaded.

VI. And be it enacted, That this Act may be repealed, aled during this tered or amended during the present Session of Parliament.

Session.

Preamble.

Recital.

CAP. XXXI.

An Act to authorize the Governor General to issue a Proclamation to declare the County of Perth to be separated from the United Counties of Huron, Perth and Bruce, and for other purposes therein mentioned. [10th November, 1852.]

WHEREAS the Townreeves of the County of Perth, one of

the United Counties of Huron, Perth and Bruce, have been duly constituted a Provisional Municipal Council for the said County of Perth, in pursuance of the Provisions of the tenth section of an Act of the Parliament of the Province of Canada, passed in the twelfth year of Her Majesty's Reign, 12 V. c. 78. intituled, An Act for abolishing the Territorial Division of Upper Canada into Districts, and for providing for temporary Unions of Counties for Judicial and other purposes, and for the future dissolutions of such Unions as the increase of wealth and population may require; And whereas the said Provisional Municipal Council has not complied with the terms of the fifteenth section of the said recited Act in time to enable a Proclamation to be issued under the provisions of the eighteenth section of the said recited Act, for disuniting the said County of Perth, so as such disunion should take effect on the first day of January next; And whereas there is just reason for believing that such Provisional Municipal Council will make it appear to the satisfaction of the Governor of this Province in Council, prior to the said first day of January next, that the terms of the fifteenth section of the said recited Act have been complied

satisfied that

Perth from

with; And whereas it is expedient to enable the Governor of this Province in Council thereupon to issue a Proclamation under the Great Seal of the Province, declaring the said County of Perth to be disunited from the said United Counties of Huron, Perth and Bruce: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That so soon The Governor as the said Provisional Municipal Council of the said County may, on being of Perth shall make it appear to the satisfaction of the Governor certain things of this Province in Council, that such property has been pur- have been chased or procured and such Court House and Gaol is erected, done, issue a proclamation and the proportion of the debt, if any, to be assumed by the said disuniting the County of Perth, shall have been adjusted or settled as pro- County of vided by the fifteenth section of the said recited Act, and so the union of soon as such appointments as are mentioned in the seventeenth which it now section of the said recited Act shall have been made, it shall forms part and may be lawful for the Governor of this Province in Council, by Proclamation under the Great Seal of the Province, at any time on or before the thirty-first day of December next after the passing of this Act, to declare the said County of Perth to be disunited from the said united Counties of Huron, Perth and Bruce, upon, from and after the first day of January next after the passing of this Act, and the said County of Perth shall thereupon, and upon, from and after the said first day of January next after the passing of this Act, be, for all judicial and municipal purposes, disunited from the said union of the Counties of Huron, Perth and Bruce, and the union of the said Counties of Huron, Perth and Bruce, for such purposes, shall thereupon, and upon, from and after the said first day of January next, after the passing of this Act, be absolutely dissolved to the like extent, and as effectually as if a Proclamation had been issued in pursuance of the provisions of the eighteenth section of the said recited Act, for disuniting the said County of Perth from the said union of the Counties of Huron, Perth and Bruce, upon, from and after the said first day of January next.

boundaries of

II. And whereas doubts have arisen as to the true boundaries The Governor of the Township of Brighton, under the provisions of the Act may fix the passed in the last Session of the Parliament of this Province, the Township held in the fourteenth and fifteenth years of the reign of Her of Brighton. Majesty, intituled, An Act to make certain alterations in the Territorial Divisions of Upper Canada; For remedy thereof, Be it enacted, That it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of this Province, declaring and describing

the

the boundaries of the said Township of Brighton, and from and after the first day of January next after the teste of such Proclamation, the territory included within such boundaries shall be and is hereby declared to have been the Township of Brighton, as if the said description had been included in the said Act.

III. And whereas the Common Council of the City of Toronto, by their petition, have, for two successive years, prayed that St. Patrick's Ward in the City may be divided into two Wards Be it therefore enacted, That it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of this Province, dividing the said Ward into two Wards, and declaring by what names such Wards shall thenceforth be known and called, and from and after the first day of January next after the teste of such Proclamation, the said Wards so to be named and described in such Proclamation, shall be considered as separate Wards of the said City, in the same manner as if they had been originally mentioned and described as such separate Wards in the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, and Elections shall be held in and for the said Wards on the first Monday in January next after the teste of such Proclamation, in the same manner as for any other Wards in the said City, and the persons whose names shall be entered on the Collector's Roll for St. Patrick's Ward for the year one thousand eight hundred and fifty-two, residing within each of such Wards respectively, at the time of holding the Elections therefor, and otherwise by law qualified to vote at Municipal Elections, shall be allowed to vote at the Election to be held in such Wards respectively, on the said first Monday in January.

CAP. XXXII.

An Act to authorize the City of Kingston to negotiate a Loan of Seventy-five Thousand Pounds to consolidate the City Debt, and for other purposes.

[10th November, 1852.]

HEREAS the City of Kingston have petitioned to be authorized by law to borrow on the debentures of the said City, a sum not exceeding seventy-five thousand pounds, for certain purposes and under certain restrictions in the said petition set forth, and it is expedient that the prayer of their said petition should be granted: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower

£75,000 on

Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall and City of Kingmay be lawful to and for the Corporation of the City of King- ston authorston, to raise by way of Loan upon the credit of the debentures ized to borrow hereinafter mentioned, from any person or persons, body or Debentures. bodies corporate, either in this Province, in Great Britain or elsewhere, who may be willing to lend the same, a sum of money not exceeding the sum of seventy-five thousand pounds of lawful money of Canada.

II. And be it enacted, That it shall and may be lawful for Form of the Mayor of the said City of Kingston for the time being, to Debentures. cause to be issued debentures of the said City, under the Corporation Seal, signed by the Mayor and counter-signed by the Chamberlain of the said City for the time being, in such sums, not exceeding in the whole the said sum of seventy-five thousand pounds, as the Common Council shall direct and appoint, and that the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable either in this Province, in Great Britain or elsewhere, as the said Common Council shall deem expedient or necessary.

III. And be it enacted, That so much of the said Loan so to Part of the be raised as aforesaid, as shall be necessary for the purpose, said Loan shall be applied by the said City of Kingston, in the payment to certain purappropriated of the debt due or to become due on account of the English poses. Loan of twenty thousand pounds, sterling; the debt due the Commercial Bank of the Midland District, amounting to fourteen thousand pounds, currency, or thereabouts, and all such promissory notes, debentures and other debts as are now due and payable, including the sum of two thousand five hundred pounds hereinafter mentioned, and the remainder of the said loan, after paying off all the debts due by the said City, shall be applied in aid of any Rail-ways and macadamized Roads now or hereafter to be constructed, and leading to or from the City of Kingston, and for no other purpose whatever.

ited in Com

IV. And be it enacted, That the funds derived from the Moneys raised negotiation of the said debentures so to be appropriated as to be deposaforesaid, shall, when received, be deposited by the Chamber- mercial Bank lain of the said City for the time being, in the Commercial until required. Bank of the Midland District at Kingston, on such conditions as the said Common Council shall from time to time agree upon, and only be withdrawn therefrom as they may from time to time be required for the payment and redemption of the said promissory notes, debentures and debts in the next preceding section of this Act mentioned.

V. And be it enacted, That the sum of two thousand five £2,500 to be hundred pounds of the said Loan so to be raised as aforesaid, applied to pay shall be specially applied in payment of one hundred shares in Rail-road the capital stock of "The Wolfe Island Rail-way and Canal Shares.

6

Company,'

for certain

Council empowered to repeal a certain By-law

Company," for which debentures have been given under authority of a By-Law of the Common Council of the said City, made in that behalf.

VI. And be it enacted, That for and notwithstanding any provision, clause, matter or thing contained in any Act of Parliament of this Province to the contrary, it shall and may be lawful for the Common Council of the said City of Kingston, after having called in the debentures described in the next preceding section, to repeal the By-law of the said Council authorizing the same and declaring the levy of a special rate for the payment thereof, and also to repeal a certain other Bylaw of the said Common Council, if they shall see fit so to do, providing for the issue of debentures to the amount of one thousand pounds, for the improvement of "Division” and other streets, and levying a rate for the said one thousand And to impose pounds; and for the payment, satisfaction and discharge of a special rate the debentures issued by virtue of this Act, it shall and may Sinking Fund. be lawful for the Common Council of the said City, in a By

to form a

Sinking Fund how to be in

vested and managed.

By-law au-
thorizing the

Loan not to
be repealed
until the loan
be paid off.

law to be passed authorizing the said Loan of seventy-five thousand pounds, or any part thereof, and the issuing of the debentures therefor, to impose a special rate per annum to be called, "The Consolidated Loan Rate," over and above, and in addition to all other rates to be levied in each year, which shall be sufficient to form a Sinking Fund of two per cent per annum for that purpose.

VII. And be it enacted, That it shall be the duty of the Chamberlain of the said City of Kingston, from time to time, to invest all sums of money raised by special rate for the Sinking Fund provided in the next preceding section, either in the debentures to be issued under this Act, or in any debentures issued by the Government of Canada, or in such other securities as the Governor of this Province shall, by order in Council, direct or appoint, and to apply all such dividends or interest on the said Sinking Fund to the extinction of the debt created under this Act.

VIII. And be it enacted, That any By-law to be passed under the sixth section of this Act, authorizing the said loan of seventyfive thousand pounds, or any part thereof, shall not be repealed until the debt created under this Act and the interest thereon shall be paid and satisfied, and that the one hundred and seventy-eighth section of the Municipal Corporations Act of Upper Canada shall extend to any By-law passed under this Act.

CAP.